§ 35-38-105 — Surplus parts inventory - credits

(1) (a) Unless this section is
specifically waived in writing by the dealer, a supplier shall allow a dealer to
periodically, but no less than once every twelve months, return a portion of the
dealer's surplus parts inventory for credit.

(b) The supplier shall notify the dealer of a time period during which a dealer
may submit the dealer's surplus parts list and return inventory. A supplier may
stagger return periods for its dealers.

(2) If a supplier has not notified its dealer of a specific time period for
returning surplus parts within the preceding twelve-month period, it shall allow the
dealer to return surplus parts within sixty days of receiving the dealer's request to
make such return.

(3) (a) A supplier shall allow surplus-parts return on a dollar value of parts
equal to ten percent of the total dollar value of all parts purchased by the dealer
from the supplier during either the twelve-month period immediately preceding the
supplier's notification to the dealer of the supplier's return program or, if
subsection (2) of this section applies, the month the dealer makes a return request.

(b) The dealer may elect to return a dollar value of the surplus parts equal to
less than ten percent of the total dollar value of the parts the dealer purchased
during the preceding twelve months.

(4) A dealer may not return obsolete parts; except that a dealer may return a
part for credit if such part is found in the supplier's current returnable parts list or
any superseded part that is not the subject of the supplier's parts return program
as of the date of termination.

(5) A dealer shall return only new and unused parts to the supplier of such
parts.

(6) The minimum credit allowed for returned parts is ninety-five percent of
the net price as listed in the supplier's current returnable parts list as of the date
that the supplier provides notice of its return program or, if subsection (2) of this
section applies, the date that the dealer submits a request for return.

(7) A supplier shall issue credit within ninety days after receiving a return
part.

(8) Nothing in this section shall be construed to prevent a supplier from
charging back to the dealer's account amounts previously paid or credited as a
discounted incident to the dealer's purchase of equipment.

Legislative History

Source: L. 95: Entire article R&RE, p. 368, � 1, effective July 1.